Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-05-10
CALAIS, Nav 9

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All day Sunday the street in front of the
station house was crowded with people, and
stream of "a rriages passed by the door
throughout the day. Graves sst at a window
and looked through the grating and talked 10
people outside in cheerful manner Efforts
were made to induce the court TO allow
uraves to attend church, but the request was
refused. The prisoner, accompanied by his
wife and youngest child, entered the court
room at a. NJ. The wife took a seat be-
side her husband, the child standing beside
the fathers knee.
The gathering in front of the court house
a~aiting the opening of the doors was even
greater than on Saturday, only a small por-
tion of whicn were able to fad room inside.
The first witness, Thomas hcReavy stated
that he was at the Fletcher Brook house
Nov. s, 1886, at 2 P NJ; saw Mcfarland
and Graves-the former first. He seemed to
be hunting for something on the ground; saw
Graves moment or two after; Graves said :
"This is bad state OF affairs !" "What is n?"
asked the witness: "These men here on the
ground" Graves replied; looked at one of
the bodies; didn't recognize it on account of
the blood on the face; stepped to the other
body recognized Hill and said This is
Hill. the one-armed SOLDIER" Graves said,
81 had to shoot him or he would have killed
me-" "Get out" the witness said, Hill
never would have shot you;" Graves said,
miles mad loaded his musket to shoot me;
had to shoot him; answered, "No, no, Niles
would not shoot anyone;'' after Graves and
Mcfarland left l examined the body first
seen; knew it to be Charles Mics; HilPs
body lay l2 or Is feet distant.
The witness corroborated the statements of
previous witnesses as to guns, pistols and
positions there. Saw no gun or other weap-
on on,about or near either of the dead bodies
Graves made the remark, 81 meant to take
care of myself" The witness replied, II
wouldn't have killed those men for all the
dogs in the State. You have got the whole
State on your back" Graves then said, 81
am going out and give myself up. l told him
l would take care of the bodies. They the n
disappeared. The witness carried a gun not
loaded, called An army gun. l shrank from
conversation with Mcfarland and Graves at
the time.
McReavy was cross-examned at length by
the defiance but no feature of interest was de-
veloped.
Lynn H. Hayward was called and testi-
fled: Went to Fletcher Brook house Nov.
9th at 1890 p. M. met the two hunters on
the way; saw two bodies in the yard ; recog
nized Hill by the missing left arm; did NOT
recognize the face, it being disfgured; the
witness with Albert Whiting snd Libby ex-
amined the bodies; examined the revolver on
Hills body the revolver was in a case, which
was buttoned down; examined the revolver
in the presence of three or four men: saw no
other weapon the witness helped place the
bodies in a wagon and conveyed them to
Wesley.
Isaac Albee of Whitneyville was called
and confirmed the statements of Hayward.
The testimony of Fred ]. Whiting of New.
port and Raymond c. Libby of Corinna, was
similar to the two preceding witnesses.
John A. Mcdonald of Machias testified
am practicing physician and surgeon; ex
amined the body of Lyman o. Hill at Ma,
chias, Nov. 10; described the wounds on the
body, showed the course of the shot, its eff
feet on the lung, muscle. artery, etc. said
that Hills death was caused by hemor-
rhage incident to the shot wounds; Niles
death was caused by shot frscturing the base
of the skull, also penetrating the brain; the
death was instantaneous.
Cross-examiued-Show the entrance and
course of the shot and the certainty of i'm
mediate death thereby.
Ellery c. Miiliken of Hancock, Me-, testi
fed Known Graves from boyhood had
conversed with him regarding hunting deer
with dog. and once about three years ago
questioned him in reference to what action
he would take in case the warden attempted
to take his dog while hunting. Graves then
expressed the opinion to the witness that if
the warden shot his dog, he, Graves, would
be likely to shoot him.
fed Saw Mcfarland and Graves at the
Fletcher Brook house. In conversation
concerning dogs, hunting, the game
laws, etc, Graves said if any game ward ms
took his dog they would have to take his,
Graves, hearts blood.
Chas. + Wilson's testimony was the same
as the above, except that he understood
Graves 10 say that if the wardens killed his
dog he would have their hearts blood. Sun
day afternoon Graves went hunting; took his
dog; said if he started deer he would put
his dog after it.
The State rested here,
Geo. P. Dutton of Ellsworth opened the
case for the prisoner. He spoke slowly and
calmly, without any attempt at oratorial dis
play He read the laws and explained the
difference between murder in the first and
second degree granddaughter and homicide.
He said that dogs were recognized a. proper
ty. which under the laws of the State a man
had a right to defend He proposed to show
that Niles and Hill were prowling the woods,
armed. They had said they would kill any
dogs found in the woods. Their every ap-
pearance indicated their purpose to do so.
When the prisoner and the wardens met,
after conversation, the prisoner and hle COM
panion used every effort to induce the war
dens to leave. The wardens' manner being
very aggravating, worked Graves to high
pitch of excitement. When he found
cooked gun pointed at him he felt his life 10
danger, and under the impulse OF the mo-
ment fred. The deed was not premedtated-
Mrs. Eben Bason, who lives in township
81, testified: The day after the shooting Ira
McReavy came to my house aud said that
Graves did the deed in self defence; that
Niles wanted to pick . fuss; Mcfarland
wanted to leave him and Graves said no.
The boy said he saw Niles put cartridge IN
his gun and Niles said you wait and you'll see
some fun. AZ Niles was going out he said,
"lll kill the dog and the man which holds
him." =,
Graves testified: Myself and Mcfarland
went to Fletcher Brook Nov. 8, and met
Hill and Niles. Angry words passed about
the dog and the game laws. Hill said to
Niles when Mcfarland and myself were leav-
inp. "Graves has no charges in the gun, now
we can shoot the dog, and, if necessary All